Prompted By Three Deaths, Colorado Lawmakers Seek to Deny Parents Religious Exemption for Children’s Medical Care

Spurred by three children's deaths during the past two years in Colorado, state Rep. Kay Alexander (R) has introduced legislation (HB 01-1286) that would prevent parents from denying children medical care on religious grounds, the New York Times reports. The state House Criminal Justice Committee recently approved the measure 8-3. Colorado and 45 other states have laws that allow parents to use their religious beliefs as a "defense against prosecution for withholding medical treatment from their children," but Colorado has become "one of the first" to consider eliminating the religious exemption, which opponents argue "sanctifies a form of child abuse." State Sen. Bob Hagedorn (D), who backs the legislation, said, "I don't think freedom of religion should allow a child to die for not getting proper medical care." However, some church leaders argue that they have "ample proof" that spiritual healing "works as effectively" as conventional medicine. Marvin Peterson, an elder of the Church of the First Born, said, "I've seen people healed of cancer, seen it with my own eyes. We believe that if it's the Lord's will, you will rise up." According to a 1998 study by Rita Swan, founder of Children's Health Care Is a Legal Duty, and San Diego pediatrician Dr. Seth Asser, 172 children died between 1975 and 1995, including more than 30 in Colorado, after their parents failed to provide them with medical treatment based on religious grounds. Peterson countered, "Children also die in hospitals every day." Although Colorado prosecutors may bring civil charges against parents who deny their children medical care under state civil laws, most have not, citing the ambiguities of the law and the "well-intentioned actions of parents" with strong religious beliefs. The religious exemption "has had a chilling effect" on prosecutors, Alexander said.

Ambiguity In the Law
While the U.S. Supreme Court ruled in 1944 and 1990 that parents do not have an "absolute right" to deny their children medical treatment on religious grounds, legal experts point out that state and local officials do not consider the decisions a "clear directive" for prosecution of child abuse and homicide cases. Congress also clouded the issue with a 1974 directive that required states receiving federal money for child abuse and prevention programs to have a religious exemption; though lawmakers rescinded the mandate nine years later, most states by then had the exemptions on their books. In 1996, Congress again "reverse[d] itself," passing the Child Abuse Prevention and Treatment Act, which said there was "no federal requirement" that children should receive "any medical service or treatment against the religious beliefs of the parent or legal guardian" (Janofsky, New York Times, 2/21). To view HB 01-1286, go to http://www.leg.state.co.us/2001. Note: You must have Adobe Acrobat Reader to view the bill.